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Introduced Version House Bill 2044 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2044


(By Delegate Marshall)

[Introduced January 9, 2008; referred to the

Committee on Roads and Transportation then Government Organization.]





A BILL to amend and reenact §8-27-12 of the Code of West Virginia, 1931, as amended, relating to designating urban mass transportation authorities as transportation coordinating bodies for their service areas; describing the coordinating responsibility; and addressing review of subordinate plans.

Be it enacted by the Legislature of West Virginia:

That §8-27-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 27. INTERGOVERNMENTAL RELATIONS -- URBAN MASS TRANSPORTATION SYSTEMS.

PART V. DEVELOPMENT OF TRANSPORTATION PLAN.

§8-27-12. Study and plan of operation; notice and hearing; adoption of transportation plan; coordinating responsibilities.

The authority, as soon as practical after its organization, shall prepare a comprehensive plan with respect to a program for a unified or officially coordinated system as a part of a comprehensively planned development of the urban area within its service area. Said The program, to the maximum extent feasible, shall provide for the participation of privately owned systems.
In the preparation of a comprehensive plan, an authority shall make careful and comprehensive surveys and studies of the existing conditions and probable future changes of such the conditions within its service area. The comprehensive plan shall be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of systems within the service area which, in accordance with present and future needs and resources, will best promote the health, safety and general welfare of the inhabitants of the service area, as well as the orderly and economical development and expansion of the service area.
Prior to the adoption of a comprehensive plan, the authority shall submit its tentative plan to the governing bodies of the participating governments and hold a public hearing in the service area on the plan. At least thirty days prior to the date set for hearing, the authority shall publish a notice of the time and place of the hearing as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such the publication shall be is the service area of the authority. After a public hearing has been held, the authority may by resolution adopt the comprehensive plan and may from time to time amend, supplement or change the comprehensive plan in the same manner in which it was adopted.
The authority shall act as the designated transportation coordinating body for its service area in all instances and in all circumstances which may be warranted or directed by the state or federal government. The coordinating responsibility involves and requires the review, assessment, evaluation and determination regarding integration and implementation with the authority's existing comprehensive plan. The authority shall also review any subordinate plan offered for amendment or integration in an inclusive manner involving public hearing and adoption by resolution.



NOTE: The purpose of this bill is to designate urban mass transportation authorities as transportation coordinating bodies for their service areas.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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